On review the Labour Court upheld an award of reinstatement in respect of an employee who had been dismissed, purportedly for a reason related to gross insubordination.  But the isue related to ‘night work’ and the availability of transport.  This is the first decision to consider the interpretation and application of s 17(2)(b) of the BCEA.   Steenkamp J confirmed that two issues could easily be disposed of in that transportation need only be “available” and the employer need not provide transport if there is public transport available.  In addition there is no doubt that the subsection applies when an employee’s full shift falls in the hours after 18:00 and before 06:00.  It was decided that an employer must ensure that transportation is available between the workplace and the employee’s place of residence on each occasion where that employee has to perform ‘night work’.

TFD Network Africa (Pty) Ltd v Singh NO (C 571/11) [2015] ZALCCT 40 (6 May 2015) per Steenkamp J.